A recent decision of the Australian Patent Office[1] exemplified a set of circumstances which failed to satisfy the extension of time provisions under section 223 of the Australian Patents Act. This Decision highlights the importance of formulating evidence so as to demonstrate the occurrence of the error or omission at the relevant time, lest the circumstances …
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We are pleased to announce that POF has once again been listed as Tier 1 in ‘Prosecution and Strategy’ in the World Trademark Review 1000 (WTR) for 2019. The WTR is a globally renowned guide that shines a spotlight on firms and individuals that are deemed outstanding in trade mark development, prosecution and enforcement. Firms …
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In late December 2018, ICT patent applicants and their attorneys received a “Christmas bonus” in the form of the Federal Court judgment in Rokt Pty Ltd v Commissioner of Patents [2018] FCA 1988 (Rokt). The Court held that a digital advertising system and method (previously rejected by the Commissioner of Patents) was indeed patentable subject …
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We’re proud to announce that POF has been named Lexology’s exclusive ‘Thought Leader’ for IP in Australasia, recognizing the performance of Inspired – the POF Blog throughout Q4 of 2018! Lexology’s awards are chosen by measuring the number of reads, and the overall readership score that Lexology assigns to each article in that quarter. This …
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Almost three years ago, the Full Federal Court of Australia handed down judgment in a very notable case¹. At the time, it was hoped that this judgment might provide patent applicants with certainty around the application of the law of Manner of Manufacture (i.e. patentable subject matter) as it relates to computer implemented inventions in …
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We’re proud to announce that POF attorneys Dr Annabella Newton and Dr David Hvasanov have been named among this year’s Rising Stars in the IP Stars awards. This is a fantastic achievement for both Annabella and David, and we’d like to congratulate them on their win. Each year IP Stars research analysts receive and analyse a …
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The recent Federal Court decision surrounding Trident Foods Pty Ltd sends a warning to trade mark owners to exercise actual control over licensees or risk a messy non-use battle. The decision involved two appeals, one against a refusal to remove one of Trident Foods’ (TF) mark TRIDENT from the Register for non-use. The Registrar’s Delegate …
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Parallel imports, also called grey imports, are genuine goods imported into Australia by someone other than the trade mark owner or an authorised licensee. Grey goods are generally sold at a discounted price, or may be of a different standard or quality from goods intended by the trade mark owner for the Australian market. In …
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As we near the end of 2018, now is a good time to reflect on the year that has been and look at our contributions that go beyond the scope of IP. We are proud to have played a role in numerous fundraising and volunteer efforts across 2018, and to have supported many great causes …
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Recent legislative changes have removed a reporting burden from patentees applying for pharmaceutical extensions of term. Section 76A of the Australian Patents Act (the Act) was introduced alongside the pharmaceutical extension of term scheme in order to collect data regarding each granted extension. It was intended to assist in evaluating whether pharmaceutical extensions of term …
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